TERMS & CONDITIONS
OTTE GEAR WEBSITE TERMS AND CONDITIONS OF USE
Effective Date: June 20, 2019
The website ottegear.com (“Website”) is provided to you by Otte Gear, LLC (“Otte Gear”). Access to and use of this Website and the services available at this Website are subject to the following terms and conditions as set forth in this notice (“Agreement”). By accessing or using the Website or downloading materials from the Website, you agree to be legally bound by the terms and conditions set forth below without any modification. Please review them carefully. If you do not agree to the terms, do not use this Website.
Copyright © 2019 Otte Gear, LLC, All Rights Reserved
The copyright in this entire Website is held by Otte Gear. All material provided on this Website is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on this Website may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of Otte Gear. Individual visitors of the WEbsite are permitted to download or print one copy of material published on the Website solely for their personal, non-commercial use, provided they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein. Otte Gear does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret laws.
Any trademarks, logos, service marks, brand identities, titles, characters, graphics, designs, and/or other properties displayed on this website are property of Otte Gear and are protected as registered and unregistered trademarks and copyrights. Any misuse of intellectual property belonging to Otte Gear is strictly prohibited.
All Rights Reserved
Otte Gear does not grant any express or implied right to you under any patents, trademarks, copyrights, trade secret, or any other intellectual property.
Any communication or material submitted to this Website, including by electronic mail and/or website submission, is the exclusive property of Otte Gear and is considered to be non-confidential and nonproprietary. Such communication may include without limitation questions, comments, suggestions, and ideas. Otte Gear shall be free to use them for any purpose whatsoever without restriction or further compensation. This means that you disclaim any proprietary rights in such submissions, and you acknowledge Otte Gear’s unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means Otte Gear has no obligation to keep your submissions confidential.
Although Otte Gear is under no obligation to review or monitor information you submit, Otte Gear reserves the absolute right to do so in its sole discretion. In addition, Otte Gear reserves the right to alter, edit, create derivative works, refuse to post or remove any information you submit, in whole or in part, for any reason or for no reason. You agree that Otte Gear does not have any obligation to use or respond to any submission.
You are responsible for all of your submissions. You may not submit any material misrepresenting yourself as someone else, or by using a false e-mail address. Do not submit any material or links to material that is libelous, defamatory, false, obscene, violent, abusive, threatening, harassing, prejudicial, or is otherwise in violation of the law or the terms of this Agreement.
As a condition of your use of the Website, you will not use the Website or any information found therein: (a) for any purpose that is unlawful or prohibited by this Agreement, (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate the intellectual property rights of Otte Gear or others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet; or (l) for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products).
You also agree that, in using the Website: (i) you will not monitor, gather, copy, or distribute the content (except as may be a result of standard search engine activity or use of a standard browser) on the Website by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use any content in a manner that suggests an unauthorized association with any of Otte Gear’s or its licensors’ products, services, or brands; (v) you will not make any modifications to the content on the Website; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by this Agreement or with the prior written consent of an officer of Otte Gear or, in the case of content from a licensor, the owner of the content; and (vii) you will not insert any code or product to manipulate such content in any way that adversely affects any user experience.
We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
You do not have to register to view the Website. You can visit the Website, browse merchandise, review photographs, descriptions, and specifications of products, observe other content, and check on offerings without registering for a user account. You can also contact us about a particular picture, video, product description, or other content without having an account. In order to access certain features of the Website, however, you may be required to become a registered user by creating an account. By registering an account on the Website, you agree to provide true, accurate, current and complete information and maintain and promptly update your account information to keep it true, accurate, current and complete. You represent that you are of legal age to form a binding contract. You further agree not to create an account or use the Website if you have been previously removed by Otte Gear, or if you have been previously banned from the Website, or if you are not legally able to do so. You are responsible for all activities that occur under your account. You may not share your account or password with anyone, and you agree to notify Otte Gear immediately of any unauthorized use of your password or any other breach of security. You also agree to exit from your account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Otte Gear has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Otte Gear has the right to suspend or terminate your account and refuse any and all current or future use of the Website or any portion thereof.
Return & Exchange Policy
Please review our Return & Exchange Policy and information regarding shipping of products. The Return & Exchange Policy may be found in the footer of the Website. The Return & Exchange Policy for the Website is incorporated herein and made part of this Agreement.
Please review our Repair Policy and information regarding repairing products. The Repair Policy may be found in the footer of the Website. The Repair Policy for the Website is incorporated herein and made part of this Agreement. Products purchased through the Website may be eligible for Repair through Otte Gear’s Warranty Program. Damage incurred to a product through the normal wear and tear or, in some cases, misuse or neglect, may be eligible for repair at a fee to you. Otte Gear does not guarantee that all products can be repaired, or that the repaired product will be in the same condition as the original product. Otte Gear also, at its sole discretion, retains the right to refuse to repair any product for any reason. Submission of product for a repair is at your own risk. If you are dissatisfied with a repair, Otte Gear reserves the right not to replace it and not to refund your money for the cost of the repair or for the cost of the product.
Orders and Restrictions
To the extent you are making payment via a third-party credit card, prior to the purchase of any products or services, you must provide Otte Gear or its third-party credit card processor with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card or otherwise use a valid gift card. By submitting that information to Otte Gear or its third-party credit card processor, you agree that you authorize Otte Gear and/or its processor to charge your card at Otte Gear’s convenience but within thirty (30) days of credit card authorization. For any product or service that you order on the Website, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. Otte Gear will automatically bill your credit card or other form of payment submitted as part of the order process for such price. Please note that Otte Gear does not provide price protection or refunds in the event of a price drop or promotional offering.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.Otte Gear is not responsible for lost, damaged, or stolen packages.
Otte Pro Registration
Otte Pro is a discount program offered by Otte Gear, through its Website. Consumers that are part of the Otte Pro program may be offered a discount on some or all products available on the Website. The discount is subject to change or cancellation at any time, at the sole discretion of Otte Gear. To qualify for the Otte Pro program, a consumer must be actively employed by one of the following agencies:
- United States Air Force or United States Air Force Reserves;
- United States Army or United States Army Reserves;
- United States Navy or United States Navy Reserves;
- United States Marine Corps or United States Marine Corps Reserves;
- United States Coast Guard or United States Coast Guard Reserves;
- Active Duty Law Enforcement in any state or territory of the United States;
- Full Time Fire Rescue in any state or territory of the United States
- CIA, or FBI, or United States Marshal, or Diplomatic Security Service
As part of the application process for the Otte Pro program, Otte may ask you to provide it with a qualifying email address as well as proof of employment. Otte Gear reserves the right to refuse your application in the event that the qualifying email address is not associated with one of the above agencies and/or if the proof of employment is not sufficient. Otte Gear further reserves the right to request additional identifying information regarding your employment claim. If you are accepted into the Otte Pro program, Otte Gear likewise reserves the right to ask that you update or supplement your proof of employment at any time. The Otte Pro program is for admitted applicants only, and use of the Otte Pro discount program by anyone who is not an admitted applicant is strictly prohibited. Otte Gear may cancel your participation in the Otte Pro program at any time, at its sole discretion.
Once admitted into the Otte Pro discount program, an admitted applicant will need to request a new discount code for each purchase. Admission in the Otte Pro discount program is valid for one year. After that time Otte Pro may discontinue your admission or may request supplemental employment verification.
Disclaimer and Limitation of Liability
Without limiting the foregoing, everything on the Website is provided to you “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF THE INFORMATION, and those arising from a course of dealing, usage, or trade practice. ADDITIONALLY, OTTE GEAR DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS MAKING THE WEBSITE AVAILABLE ARE VIRUS FREE.
It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. Otte Gear does not warrant that access to the Webiste or use of the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes them available are free of viruses or other harmful components. Released Parties as defined below do not warrant or make any representations regarding the use or the result of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise.
Neither Otte Gear nor any of its affiliates or suppliers or its or their officers, directors, employees, agents, representatives or subcontractors (“Released Parties”) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war or other like causes beyond the reasonable control of Otte Gear. Otte Gear shall have no responsibility to provide access to the Website while the interruption of the Website due to any such cause shall continue. Otte Gear may discontinue providing access to the Website at any time.
Released Parties make no representations or promises to develop, provide or market any software, service or product discussed on the Website, and you shall not rely on the information provided or the prospect of availability of any software, service, or product currently in development or currently anticipated to be made available in the future.
IN NO EVENT WILL ANY MEMBER OF RELEASED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NO MEMBER OF RELEASED PARTIES SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THE WEBSITE OR ANY WEBSITE INFORMATION WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAW OR CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Otte Gear, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of these terms and conditions or any activity related to accessing the Website (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Website under your direction.
Otte Gear controls and operates the Website from the company's headquarters in New Jersey, and is a limited liability company of the state of New York, in the United States of America. Otte Gear in no way warrants or implies that the materials on the Website are appropriate for use outside of the United States. If you use the Website from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the Website in violation of U.S. export laws and regulations. Any claim relating to the Website or your use of it shall be governed by the internal substantive laws of the State of New York, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Website shall be in the state or federal courts located in Minnesota.
Modification of the Website and these Terms
By providing material on this Site, Otte Gear does not promise that the materials will remain available to you. Otte Gear reserves the right at any time and from time to time to modify the Website or discontinue providing access to the Website (or any part thereof), temporarily or permanently, with or without notice to you. You agree that Otte Gear will not be liable to you for any modification, suspension or discontinuance of the Site or the Contents.
Otte Gear also reserves the right to change the terms, conditions, and notices for the Website at any time by updating this posting and your use of the Website following any such changes will constitute your consent to such modified terms. You agree to review these terms regularly to verify for changes. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
Descriptions of, content related to, and prices for our products listed on the Website are subject to change without notice. We reserve the right at any time to amend or discontinue a product listed on the Website without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of a product or access to the Website or any services provided thereon.
Product Availability and Appearance
Certain products may be available exclusively online through the Website. These products may have limited quantities and are subject to return or exchange only according to our Return & Exchange Policy. We also may exercise this right on a case-by-case basis to limit the sales of our products to any person, geographic region, or jurisdiction. We reserve the right to limit the quantities of any products that we offer.
We strive to display products listed on the Website as accurately as possible, including the colors and images of our products that appear. We cannot guarantee that your computer monitor's display of any color will be accurate.
Errors, Inaccuracies and Omissions
There may occasionally be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on any of the Website or related website is inaccurate at any time without prior notice (including after you have submitted your order). If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. If a product you purchased from Otte Gear is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.
Certain information available on the Websit is provided by other parties, including third party product descriptions. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the originating party and that Otte Gear has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content.
Contests and Sweepstakes
Otte Gear may run contests or sweepstakes of various types from time to time. Such promotions may be promoted or described on one or more of the Website, or may include use of the Website as part of the operation of the contest or sweepstakes. All such contests and sweepstakes are subject to the complete and official rules of the contest or sweepstakes even if those rules are not found on the Website and are void where prohibited, taxed or regulated. Mention of such a contest or sweepstakes on the Website is not an offer to participate in the contest or sweepstakes, and does not trigger any obligation to participate, or change the odds of winning in any way.
Submission of a user’s name, photograph, likeness, statements, biographical information, voice and address (city and state) as part of any contest, sweepstakes, or when a user provides such information shall give Otte Gear permission to use such information in all forms of media, in perpetuity, without notice or further compensation.
Otte Gear may allow consumers to download discount coupons from the Website/ All such coupon offers are subject to all of the rules and regulations stated thereon and on the portions of the Website relating thereto, and all coupons are void where taxed, regulated or restricted. No coupons may be transferred or reproduced in any way. Attempts to circumvent or violate the limitations on any coupons or offers voids the coupon or offer. Otte Gear does not guarantee that it will honor coupons offered through third party websites.
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Website and receipt of data, materials and information available at or through the Website.
Termination of this Agreement
The terms of this Agreement will continue to apply until terminated by either you or Otte Gear as set out below. Your right to access and use the Website terminates automatically upon your breach of any of the terms in this Agreement.
Otte Gear may terminate your access to, and use of, the Website at any time and for any reason. Otte Gear will use reasonable efforts to notify you in advance about any material modification, suspension, or termination by Otte Gear that is not caused by your breach of the terms of this Agreement.
The disclaimer, the limitation of liability, indemnification, jurisdiction and applicable law provisions shall survive any termination.
Survival of Certain Provisions
The sections of this Agreement that relate to Otte Gear’s Disclaimer and Limitation of Liability, Indemnification, Jurisdiction, and Severability and any remedies for the breach thereof, shall survive the termination of this Agreement under the terms hereof for a period of five (5) years beyond the termination hereof unless otherwise stated in the Agreement.
How to Make A Claim of Copyright Infringement
Otte Gear and its affiliated companies, respect the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
- Identification of the URL or other specific location of this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
- Your name, address, telephone number, fax number, and e-mail address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty or perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Otte Gear will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims of infringement (our “Designated Agent”). Our Designated Agent is:
Otte Gear, LLC
332 Bleecker Street E#10
New York, New York 10014
By phone: 973-507-9735
By e-mail: email@example.com
*This contact information is only for reporting copyright infringement.
If any provision of this Agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
No failure on the part of Otte Gear to enforce any part of this Agreement shall constitute a waiver of any of Otte Gear’s rights under this Agreement whether for past or future actions on the part of any person. Neither the receipt of any funds by Otte Gear nor the reliance of any person on Otte Gear’s actions shall be deemed to constitute a waiver of any part of the Agreement. Only a specific, written waiver signed by an authorized representative of Otte Gear shall have any legal effect whatsoever.
No Legal Effect
The paragraph titles in this Agreement are for convenience only and have no legal or contractual effect.
Contacting Otte Gear
You may direct any questions concerning this Agreement to:
641 Shunpike Rd. #200
Chatham, NJ 07928